BILL NUMBER: AB 118	CHAPTERED  10/10/99

	CHAPTER   620
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   JULY 14, 1999
	AMENDED IN SENATE   JUNE 21, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 25, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   MARCH 11, 1999

INTRODUCED BY   Assembly Member Washington
   (Coauthor:  Assembly Member Migden)

                        JANUARY 5, 1999

   An act to amend Section 911.4 of the Government Code, and to amend
Section 396 of the Welfare and Institutions Code, relating to foster
care.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 118, Washington.  Foster care liability.
   Existing law requires a claim for personal injury against a public
entity, which includes the state, the Regents of the University of
California, a county, city, district, public authority, public
agency, and any other political subdivision or public corporation in
the state, or against an employee of a public entity, to be presented
not later than 6 months after accrual of the cause of action.
   Existing law provides that when a claim is not filed within the
6-month period, an application for leave to present the claim within
a reasonable time not to exceed one year after the accrual of the
cause of action may be filed in accordance with specified provisions.
  Existing law provides that in computing that one-year period, the
time during which the person who sustained the injury or loss is a
minor shall be counted, but time during which the person is mentally
incapacitated and without a guardian or conservator shall not be
counted.
   This bill would provide that time during which a minor is a
dependent of the court pursuant to certain provisions of law shall,
under certain circumstances, also not be counted in that one-year
period.
   Existing law sets forth the policy of the Legislature with respect
to foster care, including the policy that children have a right to a
normal home life.
   This bill would expand that policy to refer to the right to
freedom from abuse.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 911.4 of the Government Code is amended to
read:
   911.4.  (a) When a claim that is required by Section 911.2 to be
presented not later than six months after the accrual of the cause of
action is not presented within that time, a written application may
be made to the public entity for leave to present that claim.
   (b) The application shall be presented to the public entity as
provided in Article 2 (commencing with Section 915) within a
reasonable time not to exceed one year after the accrual of the cause
of action and shall state the reason for the delay in presenting the
claim.  The proposed claim shall be attached to the application.
   (c) In computing the one-year period under subdivision (b), time
during which the person who sustained the alleged injury, damage, or
loss as a minor shall be counted, but the time during which he or she
is mentally incapacitated and does not have a guardian or
conservator of his or her person shall not be counted.
   (d) In addition, the time shall not be counted during which the
person is detained or adjudged to be a dependent child of the
juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2
(commencing with Section 200) of Part 1 of Division 2 of the Welfare
and Institutions Code), if both  of the following conditions exist:

   (1) The person is in the custody and control of an agency of the
public entity to which a claim is to be presented.
   (2) The public entity or its agency having custody and control of
the minor is required by statute or other law to make a report of
injury, abuse, or neglect to either the juvenile court or the minor's
attorney, and that entity or its agency fails to make this report
within the time required by the statute or other enactment, with this
time period to commence on the date on which the public entity or
its agency becomes aware of the injury, neglect, or abuse.  In
circumstances where the public entity or its agency makes a late
report, the claim period shall be tolled for the period of the delay
caused by the failure to make a timely report.
  SEC. 2.  Section 396 of the Welfare and Institutions Code is
amended to read:
   396.  It is the policy of the Legislature that foster care should
be a temporary method of care for the children of this state, that
children have a right to a normal home life free from abuse, that
reunification with the natural parent or parents or another alternate
permanent living situation such as adoption or guardianship is more
suitable to a child's well-being than is foster care, that this state
has a responsibility to attempt to ensure that children are given
the chance to have happy and healthy lives, and that, to the extent
possible, the current practice of moving children receiving foster
care services from one foster home to another until they reach the
age of majority should be discontinued.
